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Trying to understand the bizarre behaviour of my landlord: I…

Hello.Trying to understand the bizarre...

Hello.Trying to understand the bizarre behaviour of my landlord:I have paid the rent late, twice, once last year and once recently. First time, I sent the check 10-15 days late, this time, unfortunately, about 35 days late. This is my fault. However, please read on:Each time the rent was paid late the landlord claims that the initial check that was sent was lost, and requests that I cancel it and send a new one. (This is the only time that my rent checks have been 'lost' at all.) I am not under eviction - for example, my lease was renewed. Is there any reason you can think of for this or should I just chalk it up to incompetency or their strange system?This question pertains to NEW YORK CITY rent stabilized apartments:

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I'm sort of scratching my head with this one as well - really the only thing (besides incompetence or just plain absentmindedness resulting in loss) is that the landlord wants to argue that you were REALLY late with payment (if he ever needs to argue that) and by having a check dated even later he can do that's. If it ever happens again you can send a letter with the new check that says something along the lines of "per your request, I have cancelled my check dated ____ and have included a new check." That way it'll be hard to argue the date on which you paid your rent. Please let me know if I've answered your question. If I have, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 4 months ago

Hi OliviaThanks for understanding my question. Yes, it is clear that my checks are already late (which I do not recommend).Also, this entire correspondence between me and the landlord (actually the management company, same thing I guess) is done over email so it is documented (as far as I can understand) that they are asking me to cancel the check and send another. Also, it is clear from my bank's check payment system when I initially sent the check (late, but not _as_ late).It sure seems doubtful that the postal service failed to deliver the mail on ONLY the times I sent the check late (the first time, as I mentioned, it turned up and they accidentally tried to cash it). I guess I don't really lose anything by sending it again, I'm in the wrong anyway for sending it late?If you have a brainwave on this one let me know. I'll check in again tomorrow and rate the question.

I was thinking that they would try to be slick and cash the other check - but then if you've cancelled it they obviously can't (or else they risk a bounced check fee if they magically are able to cancel it). It's also quite possible that they're just trying to be annoying and make you pay to cancel the check (assuming your bank charges you to cancel a check). But, I agree with you - it would be unusual if the only times they "lost" the check (or the postal service failed to deliver it) was when it was late!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).